Constitutionality And Policy Implications Of 130th Constitutional Amendment Bill, 2025: A Critical Analysis Of Arrest-Based Disqualification Of Ministers
- IJLLR Journal
- 4 hours ago
- 1 min read
Abhinav Kashyap, SRM School of Law
Ujjal Kumar Roy, SRM School of Law
ABSTRACT
This research paper focuses on the 130th Constitutional Amendment, which has been the most debated and discussed topic currently. The 130th Constitutional Amendment, 2025, proposes the disqualification of the Prime Minister, Chief Minister, and other ministers of the central and state governments if they are arrested and detained in custody for thirty consecutive days or more for any offence punishable with imprisonment for five years or more. This bill has emerged from the ongoing concerns over the increasing criminalisation of politics and the leaders, which led to erosion of trust of public from democratic institutions. However, the bill has raised a question on the constitutionality of Articles 14 and 21, and challenges the principles of equality, due process of law and presumption of innocence.
This paper analyses the compatibility of the bill with the basic structure doctrine by focusing on principles like the rule of law, the separation of powers and the accountability of this bill. By analysing the provisions of the bill under various cases that lay down landmark Supreme Court judgments. Furthermore, this paper comparatively analyses different democracies across the world, highlighting how nations like the United States of America and, United Kingdom handle the disqualification of ministers in cases of criminal charges.
Keywords: 130th Constitutional Amendment,2025, Disqualification of Ministers, Criminalisation of Politics Articles 14 & 21, Basic Structure Doctrine, Rule of Law, Separation of Powers
